HomeMy WebLinkAboutCC AG PKT 2009-09-14 #WAGENDA STAFF REPORT
DATE: September 14, 2009 (continued from 07/13/09; 08/10/09)
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager ,
FROM: Vince Mastrosimone, Director of Public Works ,
SUBJECT: AWARD OF DESIGN CONTRACT
SEAL BEACH BOULEVARD STREET WIDENING
FROM THE 405 FREEWAY NORTH ON /OFF RAMPS
TO ST'. CLOUD DRIVE, CIP No. ST1010
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5897 awarding a design
contract to Kimley -Horn and Associates, Incorporated for $158,184 to widen Seal
Beach Boulevard from the 405 Freeway northbound on /off ramps to St. Cloud
Drive.
BACKGROUND:
The West County Connector Project administered through Orange County
Transportation Authority (OCTA) intends to add additional carpool lanes on the
405/22/605 freeway, and reconstruct the Valley View Street, 7th Street and Seal
Beach Boulevard Bridges.
Currently, the Seal Beach Boulevard Bridge is two lanes in each direction over
the freeway (between the 405 Freeway southbound on /off ramps to the 405
Freeway northbound on /off ramps). The traffic flow through this area is over
capacity, which creates delays and decreases the level of service at the
signalized intersections.
The proposed project will lengthen and widen the Seal Beach Boulevard Bridge
to accommodate three lanes in each direction. See attached map.
This widening will create a bottleneck in the southbound direction approaching
the bridge between St. Cloud Drive and the 405 Freeway northbound on /off
ramps. Currently, the southbound number one lane south of St. Cloud Drive
becomes a left -turn lane for Lampson Avenue (a trap - lane). This causes the
reduction of through lanes from three to two that are currently carried over the
Agenda Item W
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existing bridge. By widening Seal Beach Boulevard it will eliminate the bottleneck
to match with the existing lane configuration to the north and the proposed lane
configuration on the new bridge to the south. This will improve traffic flow and
reduce delays.
At the April 14, 2008 City Council Meeting, staff presented a traffic engineering
study that provided four alternatives and cost estimates to improve the
intersection of St. Could and Seal Beach Boulevard. After reviewing the
engineer's alternative recommendation, staff felt at that time it was in the City's
best interest not to construct the project due to removing many mature trees,
difficult coordination with Caltrans and the cost associated with building the
project estimated at over $600,000.
In an effort to overcome the three main issues, keeping the mature trees,
Caltrans coordination and funding, staff has provided solutions for each issue.
The proposed consultant Kimley -Horn and Associates has prepared preliminary
alignment drawings that show saving the mature trees with the proposed street
widening. Unfortunately, the palm trees in the landscaped median between St.
Cloud and Lampson will be removed. See attached drawings and presentation to
follow.
In coordinating the project with Caltrans, the West County Connector (WCC)
Project will improve the intersection that required the Caltrans coordination. The
WCC Project will add High Occupancy Vehicle (HOV) lanes on the 1 -405 freeway
and widen the Seal Beach Boulevard Bridge from Beverly Manor Road to Old
Ranch Parkway. By improving Old Ranch Parkway and Seal Beach Boulevard
intersection, we no longer need to work with Caltrans.
The original widening cost estimate of over $600,000 will now be supplemented
with grant funds achieved through the 2008 OCTA Measure M Call for Projects.
The City was awarded through a competitive grant, $3,417,800 with a required
match of $1,110,000 for the intersection of Old Ranch Parkway at Seal Beach
Blvd. Of the $3,417,800, $1,850,750 will be applied to the WCC Project. The
remaining balance of $1,567,050, with a $501,456 required match, may be
applied to this Seal Beach Boulevard Street Widening Project.
Staff received two qualified professional proposals for the widening project. Staff
selected Kimley -Horn and Associates (KHA), the lowest cost proposal and
negotiated a new cost to complete the required work. KHA has a proven track
record for similar work and has qualified staff assigned to our project.
Staff intends to construct the Seal Beach Boulevard Street Widening Project from
405 freeway on /off ramps to St. Cloud in conjunction with the West County
Connector Project. By combining both projects, it will minimize the construction
impact and disturbance to the area. Construction is anticipated to start in March
2011.
Page 3
FINANCIAL IMPACT:
The final negotiated cost is $158,184 to design the street widening project.
In the 09/10 Budget, there is $2,500,000 of Traffic Impact fees allocated for this
project. Of the $2,500,000, $2,010,730 has been designated for the WCC
Project, which leaves a balance of $489,270.
The City was awarded through a competitive grant, $3,417,800 with a required
match of $1,110,000 for the intersection of Old Ranch Parkway at Seal Beach
Blvd. Of the $3,417,800, $1,850,750 will be applied to the WCC Project. The
remaining balance of $1,567,050, with a $501,456 required match, may be
applied to this Seal Beach Boulevard Street Widening Project.
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 5897 awarding a design
contract to Kimley -Horn and Associates, Incorporated for $158,184 to widen Seal
Beach Boulevard from 405 freeway north on/off ramps to St. Cloud.
SUBMkTTED BY;
VirV Mastrosimone
Director of Public Works
Attachments:
A. Resolution No. 5897
B. Professional Services Agreement
C. Location Map
NOTED AND APPROVED:
David Carmany, tity Manager
RESOLUTION NUMBER 5897
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
DESIGN SERVICES IN CONNECTION WITH SEAL BEACH
BOULEVARD STREET WIDENING FROM THE 405 FREEWAY
NORTH ON /OFF RAMPS TO ST. CLOUD DRIVE, CIP No.
ST1010
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Currently Seal Beach Boulevard Bridge from Beverly Manor Road to
Old Ranch Parkway consist of two lanes in each direction, from Old Ranch
Parkway to St Could consist of three northbound lanes and two southbound
lanes.
Section 2. Orange County Transportation Authority will widen the Seal Beach
Boulevard Bridge over the 1 -405 freeway between the Beverly Manor Road and
Old Ranch Parkway to accommodate three lanes for north and southbound
lanes.
Section 3. After the improvements of the Orange County Transportation
Authority, the remaining unimproved portion of Seal Beach Boulevard from Old
ranch Parkway to St Cloud will create a bottleneck in the southbound direction.
Section 4. Per the City's General Plan and Master Plan of Arterial Highways,
recommends Seal Beach Boulevard to consist of three lanes in each direction
Citywide.
Section 5. To fulfill the General Plan and Master Plan of Arterial Highways
recommendation; and eliminating the bottleneck, the City solicited design
engineers to widen Seal Beach Boulevard from Old ranch Parkway to St Cloud.
Section 6. The City Council hereby approves the professional services
agreement ( "Agreement') between the City of Seal Beach and Kimley -Horn and
Associates, Incorporated, for design services in connection with the widening of
Seal Beach Boulevard from the 405 Freeway northbound on /off ramps to St.
Cloud Drive CIP No. ST1010.
Section 7. The Council hereby directs the City Manager to execute the
Agreement.
(Intentionally Left Blank)
Resolution Number 5897
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of September 2009 by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5897 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day
of September , 2009.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
T
0 I �^
I Its]
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
W
Kimley -Horn and Associates, Inc.
765 The City Drive
Suite 400
Orange, CA 92868
(714) 939 -1030 fax: (714) 938 -9488
darren.adrian @kimley- horn.com
THIS AGREEMENT is made and entered into this _th day of July 2009, by and between
the City of Seal Beach, a municipal corporation ( "City ") and Kimley -Horn and Associates, Inc.,
a North Carolina corporation ( "Consultant ").
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RECITALS
A. City desires to widen Seal Beach Blvd from Old Ranch Parkway to St. Cloud, in
the City of Seal Beach (the "Project "), which Project requires the engagement of a professional
firm for design services.
B. Pursuant to the authority provided by ,its City Charter and Government Code
Section 37103, if applicable, City desires to engage Consultant to provide professional services
in the manner set forth herein and more fully described in Section 1.
C. Consultant represents that the principal members of Consultant firm are fully
qualified to perform the services contemplated by this Agreement in a good and professional
manner; and it desires to perform such services as provided herein.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1. Consultant's Services.
1.1. Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Consultant to perform the professional services
( "Services ") set forth in Exhibit A.
1.2. Time for Performance. Consultant shall perform all services under this
Agreement on a timely, regular basis consistent with industry standards for professional skill and
care. Services shall be provided so as not to cause undue delay of the project during the design
and construction phases of the project.
1.3. Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Consultant hereby covenants that
it shall follow the customary professional standards in performing all services.
1.4. Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Consultant represents that
Consultant, to the extent required by the standard of practice, has investigated the subject site
and is reasonably acquainted with the conditions therein. Should Consultant discover any latent
or unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the City Representative.
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2. Term of Aareeme nt. This Agreement is effective as of
(the "Effective Date "), and shall remain in full force and effect until Consultant has rendered the
services required by this Agreement, unless sooner terminated as provided in Section 13 herein.
3. Compensation and Expense Reimbursement.
3.1. Compensation. City shall compensate Consultant at its standard hourly
rates set forth in Exhibit B for the services provided pursuant to Section 1 of this Agreement. In
no event shall the City pay Consultant more than the total sum of $158,184.00 unless additional
services are provided pursuant to Section 3.2. City shall not withhold any federal, state or other
taxes, or other deductions.
3.2. Additional Services. City shall not pay Consultant for additional services
unless the City Representative authorizes, in advance, such services. City shall compensate
Consultant for any authorized extra services at the hourly rates set forth in Exhibit B.
4. Representatives.
4.1. City Representative. For the purposes of this Agreement, the contract
administrator and City's representative shall be the Director of Public Works, or such other
person as the Director designates in writing (hereinafter the "City Representative "). It shall be
Consultant's responsibility to assure that the City Representative is kept informed of the progress
of the performance of the services, and Consultant shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
4.2. Consultant Representative. For the purposes of this Agreement, Darren
Adrian, P.E. is hereby designated as the principal and representative of Consultant authorized to
act in its behalf with respect to the services specified herein and make all decisions in connection
therewith (the "Responsible Principal "). It is expressly understood that the experience,
knowledge, capability, and reputation of the Responsible Principal were a substantial inducement
for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally -supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City, which approval shall not be
unreasonably withheld.
5. Consultant's Personnel.
5.1. All Services shall be performed by Consultant or under Consultant's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code. Consultant personnel shall be
those designated on Exhibit C.
5.2. Consultant shall be
performance of all personnel engaged in
standard of care set forth in Section 6 below.
57296- 0200 \1146908x3 doc
solely responsible for the satisfactory work
performing the Services and compliance with the
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5.3. Consultant shall be responsible for payment of all employees' and
subconsultants' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social Security.
5.4. Consultant shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city or agency officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant's
violations of personnel practices. City shall have the right to offset against the amorant of any
fees due to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 5.
6. Standard of Performance. Consultant shall perform all services to customary
professional standards and in a manner reasonably satisfactory to City.
7. Status as Independent Contractor. Consultant is, and shall at all times remain as
to City, a wholly independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its officers, agents or employees are in any manner employees
of City. Consultant shall pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 7.
8. Confidentiality. Consultant may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of this
Agreement.
9. Conflict of Interest.
9.1. Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would conflict in
any manner with the performance of the Services. Consultant further covenants that, in
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performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may likely make
Consultant "financially interested" (as provided in California Government Code § §1090 and
87100) in any decision made by City on any matter in connection with which Consultant has
been retained.
9.2. Consultant further represents that it has not employed or retained any person
or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain
this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona
fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any breach or
violation of this warranty, City shall have the right, at its sole and absolute discretion, to
terminate this Agreement without further liability, or to deduct from any sums payable to
Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
9.3. Consultant has no knowledge that any officer or employee of City has any
interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Consultant, and that if any such interest comes to the knowledge
of Consultant at any time during the term of this Agreement, Consultant shall immediately make
a complete, written disclosure of such interest to City, even if such interest would not be deemed
a prohibited "conflict of interest" under applicable laws as described in this subsection.
10. Indemnification.
10.1. Indemnity for Design Professional Services. In connection with its design
professional services, Consultant shall defend, hold harmless and indemnify City, and its elected
officials, officers, employees, servants, designated volunteers, and those City agents serving as
independent contractors in the role of city or agency officials (collectively, "Indemnitees "), with
respect to any and all claims, demands, damages, liabilities, losses, costs or expenses
(collectively, "Claims" hereinafter), including but not limited to Claims relating to death or
injury to any person and injury to any property, to the extent to which they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its
officers, employees, subcontractors, or agents in the performance of its design professional
services under this Agreement, but not to the extent the result of the sole active negligence or
willful misconduct of the City. Consultant's obligation to defend pursuant to this Section shall
apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or
omissions of Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in
connection with any of said claims with counsel of Consultant's choice, subject to City's
reasonable approval, and shall pay all costs and expenses, including all attorneys' fees actually
incurred in connection with such defense, provided that in the event that any damages are
determined by the court to have been caused in part by persons or entities other than Consultant,
Consultant's obligation hereunder shall be in proportion to Consultant's share of fault.
10.2. Other Indemnities. In connection with all Claims not covered by Section
10. 1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any
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and all Claims including but not limited to Claims relating to death or injury to any person and
injury to any property, which arise out of, pertain to, or relate to the acts or omissions of
Consultant or any of its officers, employees, subcontractors, or agents in the performance of this
Agreement, including the City's active or passive negligence, except for such loss or damage
arising from the sole negligence or willful misconduct of the City. Consultant shall defend
Indemnitees in any action or actions filed in connection with any such Claims with counsel of
Consultant's choice, subject to City's reasonable approval, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection with such defense.
Consultant's duty to defend pursuant to this Section shall apply independent of any prior,
concurrent or subsequent misconduct, negligent acts, errors, or omissions of Indemnitees.
10.3. Acknowledgment of Indemnity Duties. By affixing his or her initials
below, each party representative hereby acknowledges that the re sentative has read and
accepted the provisions set forth in this Section 10.
City Consultant Consultant
10.4. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Consultant because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
10.5. Waiver of Right of Subrogation. Consultant, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
10.6. Survival. The provisions of this Section 10 shall survive the termination
of the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against a Consultant shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
11. Insurance.
11.1. Liability Insurance. Consultant shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Consultant, and its agents, representatives, employees
and subconsultants.
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11.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
than:
Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide
to City the standard form issued by the carrier.
11.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property
damage. Commercial General Liability Insurance or other
form with a general aggregate limit shall apply separately
to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
Professional Liability: $1,000,000 per claim/aggregate.
11.4. Deductibles and Self = Insured Retentions. Consultant shall inform City of
any deductibles or self - insured retentions except with respect to professional liability insurance.
11.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
11.5.1. City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of Consultant; premises owned, occupied or used
by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
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11.5.2. For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials. Any insurance or self - insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Consultant's insurance and shall not contribute with it.
11.5.3. Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
11.5.4. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City, or 10 days prior written notice by express
overnight mail if cancellation is due to nonpayment of premiums.
11.5.5. Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
11.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
11.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Consultant's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
11.8. Subconsultants. Consultant shall include all subconsultants as insureds
under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for subconsultants shall be subject to all of the requirements stated herein unless
otherwise approved in advance in writing by City.
12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation that City might require. City shall compensate
Consultant for any litigation support services in an amount to be mutually agreed upon by the
parties.
13. Termination. Either party shall have the right to terminate this Agreement at any
time for any reason on written notice to the other party. In the event either party exercises its
right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the
effective date of the termination. Consultant shall have no other claim against City by reason of
such termination, including any claim for compensation.
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14. Suspension. City may, in writing, order Consultant to suspend all or any part of
the Consultant's Services for the convenience of City or for work stoppages beyond the control
of City or Consultant. Subject to the provisions of this Agreement relating to termination, a
suspension of the Services does not void this Agreement.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Consultant's and City's regular business
hours or by facsimile before or during Consultant's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Consultant: Kimley -Horn and Associates, Inc.
765 The City Drive
Suite 400
Orange, CA 92868
(714) 939 -1030 fax: (714) 938 -9488.
16. Non Discrimination and Equal Employment Opportunity. In the performance of
this Agreement, Consultant shall not discriminate against any employee, subconsultant, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subconsultants and applicants are
employed, and that employees are treated during employment, without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
17. Non-Assignability; Subcontracting. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
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18. Compliance with Laws. Consultant shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Consultant performs the
Services.
19. Non - Waiver of Terms, Rights and Remedies. Waiver by either party, of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement., In no event shall the making by City of
any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including attorneys' fees actually incurred in connection with such enforcement or interpretation.
21. Exhibits, Precedence. All documents referenced as exhibits in this Agreement are
hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, including but not limited to the Consultant's Proposal dated April 24, 2009 and
attached hereto as Exhibit A, the provisions of this Agreement shall prevail.
22. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
23. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Consultant
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
10 of 14
57296- 020011146908v3 doc
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH Kimley -Horn and Associates, Inc.
David Carmany, City Manager
Attest:
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
S7296- 0200 \1146908x3 doc
By: Ll- "M VV
Name:
Title: Gi T
. z 10� -
C' P
By:
Name:
Title:
(Two signatures required for corporations
under California Corporations Code § 313)
11 of 14
EXHIBIT A
Consultant's Proposal Dated April 24, 2009
(Including Scope of Services)
12
57296- 0200NI146908v3 doc
Kimley -Horn
and Associates, Inc.
April 24, 2009
Revised June 18, 2009
City of Seal Beach
Engineering Department
City Hall - 211 Eighth Street
Seal Beach, CA 90740
Attn: Michael Ho, P.E., City Engineer
Re: Proposal for Design Services
Seal Beach Boulevard Improvements
Between the 405 Freeway and Saint Cloud Drive
Dear Michael:
13
Suite 400
765 The City Drive S
Orange, California
92868
Kimley -Horn and Associates, Inc. (KHA) is pleased to submit this proposal to the City of Seal
Beach (City) to provide design services related to increasing the vehicular capacity along Seal
Beach Boulevard within the limits stated above. Our understanding, scope of services, schedule
and fee to perform these services are below.
Understandine
Provide design services to add a third southbound through lane between Saint Cloud Drive and
Old Ranch Parkway. This is intended to conform to the traffic study recommendations by others
for the adjacent 405/605 HOV Connector Project and match with the number of lanes being
provided by this project to the south on the freeway overcrossing structure. We understand that
this will be accomplished through shifting and potential narrowing of the existing raised medians,
and widening of the existing east curb between Lampson Avenue and Saint Cloud Drive. We also
understand that striping modifications may be necessary for proper alignment of lanes along the
south leg of the 405 Ramps/Old Ranch Parkway intersection. For purposes of this proposal we are
assuming that this project will follow the interchange project requiring our design to show these
modifications to the south leg.
One bid package with plans, specifications and opinion of probable construction cost is
anticipated.
TEL 714 939 1030
FAX 714 938 9488
LJ "Kimley -Horn Mr Michael Ho, Page 2, April 24, 2009
and Associates, Inc.
Scope of Services
Task 1: Research
Obtain and review readily available record drawings and other data relevant to the design. This
consists of obtaining readily available information from the City, impacted utility companies, and
the adjacent interchange design team (TRC). This information will be used to assist in compiling
base mapping and identifying design constraints.
Task 2: Field Observation
Perform a field observation to field check and document visible conditions relevant to the design.
This consists of observing existing hardscape, surface utility features and other constraints found
within the project area. Obtain key photographs and field notes necessary for the design.
Task 3: Field Surveying and Base Mapping
Conduct aerial topographic mapping and supplemental field surveys for base mapping. Prepare
topographic mapping at 1 "=40' scale with one foot contours. Limits of aerial mapping are along
Seal Beach Boulevard from 100 feet south of Old Ranch Parkway to 100 feet north of Saint Cloud
Drive, and 50 feet east and west of street right -of -way. Supplemental surveys consists of street
centerline ties (including accessible ties to Caltrans monumentation along Seal Beach Boulevard,
if present), curb, gutter, sidewalk, driveways, curb ramps, trees, and surface utility features in the
areas designated for modifications as noted herein. Limits of the survey will be extended to
approximately 100 feet beyond tie -ins. Obtain cross sections at 50 -foot intervals throughout these
limits along Seal Beach Boulevard. For the street medians, this entails shots along the median
curbs and adjacent lane. Obtain manhole dips to establish invert elevations where modifications
are necessary to storm drain. Horizontally reference the survey to the North American Datum of
1983 (1991.35 Epoch), and vertically reference to the North American Vertical Datum of 1988,
both as published by the Orange County Surveyor's Office.
Plot underground utility lines based on readily available data and record drawings obtained from
Task 1 and 2 above.
Task 4: Traffic Evaluation
Provide an operational analysis for the intersection of Seal Beach Boulevard and the 405
Ramps /Old Ranch Parkway. This entails creating a model of the intersection using the Synchro
software with the projected AM and PM peak hour traffic volumes contained within the Traffic
Study for the 405/605 HOV Connector Project (as supplied by the City or TRC). Review the
operation with the recommended lane configuration and investigate the resulting operation if
changes were made that would reduce geometric impacts (and present potential cost savings). Up
to three alternatives are assumed. Potential alternatives are converting the northbound dual left -
turn lanes to a longer single left -turn lane and modifying or eliminating the southbound right -turn
lane. Evaluate vehicle stacking and verify storage length requirements for all intersection
movements at this location.. Provide a brief memorandum indicating findings and
recommendations.
B
TEL 714 939 1030
FAX 714 938 9488
Mr Michael Ho, Page 3, April 24, 2009
K rnley -Horn
and Associates, Inc.
Task S: Preliminary Engineering
Prepare a preliminary layout of new lanes, curb locations and other major design features at a scale
of 1 "=40'. Any required right -of -way acquisitions will be determined at this time. This layout will
be submitted for City review and concurrence prior to proceeding with final design.
Task 6: Street Improvement Plans `
Prepare street improvement plans at a scale of 1" = 40' to show improvements of Seal Beach
Boulevard. Use the field surveys obtained in Task 3 herein for base mapping. Show centerline and
curb profiles as necessary. Plot working cross sections at 50 -foot intervals. Show typical roadway
sections. Identify necessary adjustments to surface utility features. Show necessary street light
relocations where curbs are modified. Show details for items that deviate from published
standards.
Show pavement section according to design sections provided by the City for all new and modified
areas of pavement.
Provide a detail for relocating the catch basin on the east curb between Lampson Avenue and Saint
Cloud Drive.
Task 7. Signing and Striping Plans
Prepare signing and striping plans at a scale of 1 " =40' to show proposed signing and striping.
Limits are from the 405 Freeway overcrossing structure to Saint Cloud Drive. Restriping of side
streets is not anticipated to be necessary. Standards will be according to the California Manual on
Uniform Traffic Control Devices (MUTCD). Show required notes and details for• items that
deviate from published standards.
Task 8: Traffic Signal Plans
Prepare traffic signal modification plans at a scale of 1" =20' to show necessary signal equipment
modifications at the 405 Ramps /Old Ranch Parkway and Lampson Avenue intersections. Show
existing equipment and conductors based on record drawings and field verification. Use Caltrans
standards and format the plan according to requirements of the City Traffic Department.
Task 9: Landscape and Irrigation Plans
Prepare landscape and irrigation plans at a scale of P=40' to show necessary modifications to
existing planted medians within project limits and the easterly parkway between Lampson Avenue
and Saint Cloud Drive. This design is limited to re- establishing planting and irrigation systems due
to curb modifications. Existing irrigation lines will be shown according to readily available record
drawings and the field observation. Flow testing and hydraulic calculations are not anticipated to
be necessary.
Task 10: Specifications
Prepare technical specifications based upon the boiler plate supplied by the City. Describe bid
items required by the plans or otherwise needed to accomplish project construction in the General
Provisions and include them in the Contractor's bid list. Reference technical provisions to the
Greenbook or Caltrans as appropriate.
e
TEL 714 939 1030
FAX 714 938 9488
Kimiey -Horn Mr Michael Ho, Page 4, April 24, 2009
IV V
and Associates, Inc.
Task 11: Opinion of Probable Construction Cost
Prepare an opinion of probable construction cost for comparison to project budget and assistance
during the contractor's bidding process. Show measurement of units per the project specifications
and provide additional detail for lump sum items. Derive unit prices from readily available current
bid information on similar work within the area. Submit backup information along with the
estimate if requested for City record and concurrence.
Task 12: Utility Coordination
Coordinate with affected utility agencies during the design phase. This entails sending utility
notification letters to utility agencies identified from City information and the field observation.
These letters will notify the utility agency of the Project, describe anticipated impacts and identify
action required. Provide follow -up calls to non - responsive agencies and generate a utility
disposition matrix to serve as documentation and aid in tracking this task. We have allocated up to
20 hours to accomplish this task.
Task 13: Project Management and Coordination
Attend an initial kick -off meeting to verify project elements, scope and schedule; attend up to three
progress meetings; and attend one meeting after each submittal milestone, for a total of up to six
meetings. Document significant items of discussion and decisions made during these meetings as
necessary and forward to the attendees. Additionally, communicate with designated City staff (via
phone, fax, email, etc.) to provide coordination between City staff and the Designer. Effort for this
task assumes that the bid package will be completed and approved within six months from
receiving notice -to- proceed. We have allocated up to 72 hours to accomplish this task.
Task 14. Caltrans Encroachment Permit Coordination
Assist the City in obtaining an encroachment permit from Caltrans for work within State right -of-
way. This consists of completing the Encroachment Permit Application, submitting to Caltrans
with the City approved plan set attached, and incorporating up to two plan check comment
iterations. Attend up to two meetings with Caltrans staff. Incorporating comments that change or
add scope of work are not included. We have allocated up to 40 hours to accomplish this task.
Deliverables
C 60% Plans and Estimate (P &E) — 4 sets
c 90% Plans, Specifications and Estimate (PS &E) — 4 sets
a Final PS &E —1 set signature bonds and electronic files
General
• All drawings will be submitted in a format compatible with AutoCAD Release 2007 or
Microstation.
• Specifications and other written documents will be submitted in Microsoft Word Version
2003 or later.
• Cost estimates and other spreadsheets used will be submitted in Microsoft Excel.
M
TEL 714 939 1030
FAX 714 938 9488
Kimley -Horn Mr Michael Ho, Page 5, April 24, 2009
and Associates, Inc.
Assumptions:
1. The design concept shown on Exhibit D, dated January 2009 by TRC is assumed to
represent the existing condition for Seal Beach Boulevard.
2. Curb modifications are not anticipated along the west side of Seal Beach Boulevard, or the
east side between the 405 Ramps /Old Ranch Parkway and Lampson Avenue. '
3. Property acquisition or easement tasks are not anticipated.
4. Geotechnical investigations or recommendations are assumed to be readily available or
provided by others as necessary for the project.
5. Temporary traffic signal design is not anticipated.
6. Parking lot or street lighting level calculations or evaluation are not anticipated.
7. Preparation of Caltrans documents not specifically stated herein are not anticipated (i.e.
Fact Sheets, PEER, traffic studies, SWDR, etc.).
8. Environmental evaluation and documentation is assumed to be provided by the City.
9. Aerially deposited lead (ADL) investigation is not anticipated.
10. Utility potholing is not anticipated.
11. Utility relocation designs are not anticipated except as defined herein for surface feature
adjustments.
12. Traffic studies or analysis; signal timing studies etc. are not anticipated unless specifically
stated herein.
13. Mass copying for bid sets or other items is not anticipated. Submittal set copies are noted
under "Deliverables" above.
14. A Storm Water Pollution Prevention Plan (SWPPP) is not anticipated. We assume this
will be provided by the Contractor.
15. Bidding and construction support is not anticipated.
16. Traffic Control and Construction Staging Plans are not anticipated. We assume this will be
a coordination effort by others in conjunction with the adjacent freeway interchange
project.
Schedule
We will provide these services according to a mutually agreed upon schedule. If this proposal is
acceptable, we will provide a draft target schedule indicating primary tasks, relationships and
estimated timeframes. Our intent will be to finalize this target schedule at the kick -off meeting and
then monitor and update throughout the duration of our work.
e
TEL 714 939 1030
FAX 714 938 9488
Kimley -Horn Mr Michael Ho, Page 6, April 24, 2009
and Associates, Inc.
Fee
We are requesting a not - to-exceed fee of $158,184 to accomplish the above stated scope of
services. See attached spreadsheet showing estimated breakdown of effort and costs.
Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please forward
an agreement for our review and execution. This proposal is valid for sixty (60) days after the date
of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY -HORN AND ASSOCIATES, INC.
Darren Adrian, P.E. (No. 5303 1)
Project Manager
Attachments:
Not -to- Exceed Fee Estimate
Rate Schedule
H:\Marketing\RDWY\Sea1 Beach\Seal Beach BIvd\Seal Beach Blvd Proposal 6 -18-09 doc
a
TEL 714 939 1030
FAX 714 938 9488
Enda Melvin, PE
Senior- Vice President
EXHIBIT B
Fee Schedule and Standard Billing Rates
13
S7296- 0200 \1146908x3 doc
Not -to- Exceed Fee Estimate Jn rJ Kimley -Hom
City of Seal Beach pl,►� and Associates, Inc.
Seal Beach Boulevard Improvements
Between the 405 Freeway and Saint Cloud Drive
ruiRnnna
TASKS
Billing Rate
Principal
$ 240.00
Project
Manager
$ 210.00
Reviewer
$ 200.00
ernor Professional
(P6)
$ 200.00
Professional
(P5)
$ 155.00
Professional
(P3 -P4)
$ 135.00
Designer/
Analyst
$120.00
Operator
$100.00
Project
Administrator
$ 90.00
Clerical
$ 75.00
Subconsultant
Total Hours
KHA
Total Cost
1 Research
1
2
12
15
1,960
2 ]Field Observation
2
9
18
29
3,975
3 1Field Surveying and Base Mapping
—
2
—
4
40
$ 10,120
50
16.780
i-
4_._ ITraffic Evaluation
8
2
24
4
1 38
$ 6,100
5 - _ I Preliminary En�meenn - -_�
_ _
_ - - -_
8
—_ 2
_ `
12
40
—._
_
62
$ 8 740
i.
6 -- -- 1Streel Improvement Plans (6 shts — J--
7 �Sigrnng -8 Sin ping Plans 3 shtsL___ -I___-
8 !Tra_ff_ic Signal Plans 2 §ht,_ _- ___ -._ -_ _
-
9._ Landscape and IrrgaUOn.Plans.L shts _
10 !Specifications_ .___,____- ,___._
I - --
_ -�
_. - - - - --
- _ ._
12
_ —_ 6
4
-- --
6
_ 12
—_— 6
4
_
_.__.._ ^.________
— ...___ 36
___ 24
40
180
240
$ 32,100
B
8
42
80
84
136
$ 11.100
18,800
6
—_—
12
36
27
87
$ 11,880
—_ -8
_—
— 4
_ —_
- -___
40
8
4
64
$ 9,940
11 :Opinion of Probable_Construction Cosl- 1
12 .Utility.Coordination I
4
2
30
2
46
6.230
2
-_.
__ _8I
4
12
_
2
1 20
$ 2,630
__.._
13 act Management An d Coordinations 4
14 lCaltrans Encroachment Permit Coordination
481
8
1
1
_
8
`
24
121
1
12
1
76
40
13,020
$ 5,800
Totals: 4 121 40 12 211 414 149 12 24 $ 10,120 987 $ 147,055
Expenses $ 11,129
Total Not -to- Exceed Fee $ 158,184
Page 1
KIMLEY -HORN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE
Effective thru December 31, 2009
OFFICE
SUPPORTSTAFF .................................... ..............................$ 55 00 - $ 124.00
DESIGNER/TECHNICIAN /CADD OPERATOR ................. $ 80.00 - $130.00
ANALYST.............................................. ..........•.................... $85.00- $135.00
PROFESSIONAL., ...................... •...... ............................... •..... $130.00 - $155.00
SENIOR PROFESSIONAL .................................................... $180.00 - $250.00
PRINCIPAL................................................ ............................... $235.00 - $250.00
EXPENSES
SUBCONSULTANT MARK- UP .............. ............................15%
COMPUTERS... ...................... ............................... •............... $25.00
(Includes computer time used for technical analysis and CADD)
OFFICE EXPENSES ............................. ..............•....... ......... 6.15%
(Covers direct expenses, such as in -house duplicating and blueprinting, local mileage,
telephone calls, electronic messaging, postage, and word processing)
Note: Billing Rates are reviewed yearly and are adjusted as necessary.
EXHIBIT C
Consultant Personnel
14
57296- 0200 \1146908v3 doc
C-ii MM 1Cmley -Nom
_._ and Associates, I nc.
CONSULTANT PERSONNEL
FOR
SEAL BEACH BOULEVARD STREET WIDENING
FROM THE 405 FREEWAY NORTH ON /OFF RAMPS
TO ST. CLOUD DRIVE, CIP NO. ST1010
Darren Adrian, Project Manager
Doug Fischer
Jason Melchor
Lisa Arellano
Aaron Azevedo
Eric Regueiro
Corey Rayburn
Mingfang Song
Janice Gilden
Bryan Gillis
Becca Smith
Jonnelle Spino
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